Marijuana laws put Holly in 'awkward' state, village officials say

Well Greens, a medical marijuana dispensary poised to open its doors in Holly's Hamilton Plaza, 15190 N. Holly Road, won't be able to do it just yet after Holly's Village Council failed to approve its business license during a Nov. 20 council meeting.

Deemed to be non-controversial, the matter had originally been placed on the meeting's consent agenda for council's approval. However, the matter was discussed after Councilwoman Jackie Campbell asked that the issue be added to the agenda.

While the village of Holly created an ordinance for medical marijuana dispensaries following the passage of the law in 2010, Campbell had more questions for Mike Gildner, the village's acting attorney.

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"Since (the passage of the law), there has been some controversy with the state because the federal government, which supersedes all of us, said they're not changing the law -- that marijuana is still illegal -- or dispensing or whatever," she said. "Where does this put us now?"

All the village of Holly has done to this point is to create an ordinance for medical marijuana dispensaries, defining "certain operations and not others," Gildner said.

"There was and there is a state statute which authorizes medical marijuana," Gildner said. "The federal government has made it clear that it is still unlawful under federal law. However, it has made it equally clear that it doesn't intend to prosecute those violations in states where it is authorized by law ... so we are in this very awkward state where the state says it's allowed, and the federal government says it isn't allowed."

Village Manager Jerry Walker agreed.

"It will be the responsibility of the proprietors that run the establishment to make sure they comply with all applicable law," he said. "And they understand that -- we've spoken with them and their attorney with regard to that -- it's strictly up to them to comply."

A motion to approve Well Green's business license was made and it was seconded. The motion died in a 3-3- vote.

The matter will most likely be revisited with a full board during the Dec. 4 meeting.